Regular Meeting of Council

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers - members participating remotely
Members Present:
  • Mayor Marianne Meed Ward, 
  • Kelvin Galbraith, 
  • Lisa Kearns, 
  • Rory Nisan, 
  • Shawna Stolte, 
  • Paul Sharman, 
  • and Angelo Bentivegna
Staff Present:
  • Tim Commisso, 
  • Nancy Shea-Nicol, 
  • Richard Bellemare (Audio/Video Specialist), 
  • Kristin Sprukulis, 
  • and Kevin Arjoon (Clerk)

Note: Due to COVID-19, and public health measures, public attendance was not permitted at this meeting. The Mayor, Councillors, staff and delegations participated remotely.


None.

  • Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meetings of Council:

    CARRIED

None.

None.

  • Items a, b and d were voted upon by way of one consent vote.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Direct staff to continue to proceed with the processing of the submitted application for Official Plan and Zoning By-law Amendment for 284 & 292 Plains Road East, including evaluating and incorporating any/all comments received by Committee and public at the Statutory Public Meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

    CARRIED
  • Direct staff to continue to proceed with the processing of the submitted Plan of Subdivision application for 4375 Millcroft Park Drive (Salotto Building Group Inc.) including evaluating and incorporating any/all comments received by committee and the public at the Statutory Public Meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

    CARRIED
  • Direct the Director of Transportation Services to install Rainbow Pride Banners along the section of Brant Street between Fairview Street and Ghent Avenue for the month of June, in the following years; 2022, 2023 and 2024.

    CARRIED

Item C was a referral motion to Council and was dealt with in item 14.1, therefore this item is deemed moot.

Staff Direction SD-03-22 is complete.

  • Refer community planning department report PL-07-22 regarding the planning application fee review to the Council meeting of February 15, 2022; and

    Direct the Director of Community Planning to provide the data to the industry stakeholders and Council for their review prior to the February 15, 2022, Council meeting. (SD-03-22)

  • Items a to f and h to j were voted upon by way of one consent vote.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Receive and file finance department report F-03-22 regarding the Hydro 2022 business plan.

    CARRIED
  • Retain Sun Life as the provider of major medical, dental, long term disability and life insurance for the benefit year December 1, 2021 to November 30, 2022.

    CARRIED
  • Approve the 2022 Halton Court Services (HCS) budget as presented; and

    Contribute $50,000 from net revenues to the capital reserve fund during 2022 to ensure that requirements of the Capital Reserve Fund Policy are met; and

    Approve the draft terms of reference with respect to an external review of Halton Court Services including, but not limited to, development of operations and recommendations relate to service delivery, long-term financial sustainability and governance to a maximum of $100,000 be provided from the stabilization reserve fund.

    CARRIED
  • Enact a by-law to regulate election signs in the City of Burlington and repeal By-law 18-2018, attached as appendix B to office of the city clerk report CL-04-22; and

    Enact a by-law to amend By-law 34-2007, as amended, being the Sign and Advertising By-law to delete references to election signs, attached as appendix C to office of the city clerk report CL-04-22.

    CARRIED
  • Receive and file Vision to Focus (V2F) progress report and V2F integrated reporting update as of December 2021 as contained in appendices A and B of corporate strategy report CS-02-22.

    CARRIED
  • Receive and file customer experience department report CX-01-22 providing an update on city-wide customer experience optimization and operationalization of the CRM system.

    CARRIED
  • Receive and file confidential finance department report F-02-22 providing the status of the reserve for contingencies as at December 31, 2021.

    CARRIED
  • Instruct the Executive Director of Legal Services and Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department supplementary memorandum 2.

    CARRIED
  • Direct the Executive Director of Legal Services or their designate to proceed in accordance with the instructions sought in matters #8 and #34 and the balance of confidential legal department report L-03-22 be received and filed.

    CARRIED
  • Moved by:Councillor Stolte
    Seconded by:Councillor Sharman

    Motion as amended:

    Direct the City Manager to immediately engage the services of our closed door meeting investigator Aird & Berlis to review our closed session meeting policies and procedures and report back with any recommendations by the May CSSRA meeting (SD-04-22).

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Nisan
    Seconded by:Councillor Sharman

    Amendment to the main motion: to delete after the words "Manager to" and insert the following in its place:

    immediately engage the services of our closed door meeting investigator Aird & Berlis to review our closed session meeting policies and procedures and report back with any recommendations by the May CSSRA meeting (SD-04-22).

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Items a to d were voted upon by way of one consent vote.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Receive and file the February 3, 2022 staff presentation providing the COVID-19 emergency response verbal update.

    CARRIED
  • Authorize the purchase of an Emergency Notification System with $34,000 of funding to be provided from the emergency management reserve fund as outlined in Burlington fire department report BFD-01-22.

    CARRIED
  • Approve the Corporate Tree Protection and Enhancement Policy, attached in Appendix A to roads, parks, and forestry department report RPF-01-22.

    CARRIED
  • Receive and file Appendix A of city manager’s office report CM-09-22 providing interim service delivery modifications approved by the Burlington Leadership Team, Emergency Control Group and/or service leads for: disability management support – human resources; and

    Direct the Chief Financial Officer to track and monitor the financial implications of the above service delivery program changes in the ongoing COVID-19 financial impact reporting to Council.

    CARRIED
  • Items a to c were voted upon by way of one consent vote.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Receive and file city auditor’s office report CA-01-22 providing a summary of the Management Action Plans in progress as identified in Appendix A.

    CARRIED
  • Receive and file city auditor’s office report CA-02-22 providing an update and overview of the 2022 Inherent Risk Assessment process.

    CARRIED
  • Approve the 2022 Audit Plan for the office of the city auditor attached in Appendix A of report CA-03-22.

    CARRIED
  • Moved by:Councillor Kearns
    Seconded by:Councillor Sharman

    Refer community planning department report PL-07-22 regarding the planning application fee review to the March 1st, 2022 Community Planning Regulation and Mobility Committee meeting. 

    IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Stolte, and Councillor Bentivegna
    OPPOSED: (1)Councillor Nisan
    CARRIED (6 to 1)
  • Moved by:Councillor Stolte
    Seconded by:Councillor Galbraith

    Enact By-law 17-2022 as attached as appendix A to report BB-02-22 to amend By-law 66-2019, the Building Permit By-law, to adopt the annual indexation of building permit fees for 2022.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Bentivegna
    Seconded by:Councillor Nisan

    Endorse Community Planning Department staff comments, as contained within Appendix ‘A’ of community planning department report PL-22-22 (‘City of Burlington – Response Letter re: Nelson Quarry SPAA (Existing Quarry)’); and

    Direct Community Planning Department staff to forward ‘City of Burlington – Response Letter re: Nelson Quarry SPAA (Existing Quarry)’ by courier and email to the MNDMNRF and applicant prior to the comment deadline; and

    Direct Community Planning Department staff to submit ‘City of Burlington – Response Letter re: Nelson Quarry SPAA (Existing Quarry)’ to the Environmental Registry of Ontario (ERO) in response to ERO No. 019-4921 prior to the comment deadline; and

    Direct the City Clerk to forward Resolution of Council, subject to the endorsement of community planning department report PL-22-22, to the MNDMNRF and applicant; and

    Direct the City Clerk to forward Report PL-22-22 to the Joint Agency Review Team.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    Authorize the Mayor and City Clerk to execute on behalf of The Corporation of the City of Burlington the transfer payment, and any other ancillary document(s) or amendment(s), between the City of Burlington and the Province of Ontario regarding the Streamline Development Approval Fund Initiative, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    That By-law Number 19-2022 authorizing the execution of the transfer payment agreement with the Province of Ontario as represented by the Minister of Municipal Affairs and Housing for the Streamline Development Approval Fund Initiative, substantially in the form attached as Appendix A to Report CS-04-22, be enacted; and

    Direct the Chief Financial Officer to single source a third-party consultant(s) to complete each review project outlined in Report CS-04-22; and

    That the Manager of Procurement Services be authorized and directed to execute any Agreements with any third-party consultants retained for the purpose of giving effect to the Streamline Development Approval Fund Initiative in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Nisan
    Seconded by:Councillor Sharman

    Approve the appointments to the following committees, as outlined in the confidential appendix A, to office of the city clerk report CL-06-22;

    • Burlington Seniors’ Advisory Committee
    • Burlington Inclusivity Advisory Committee
    • Burlington Sustainable Development Advisory Committee
    • Burlington Accessibility Advisory Committee
    • Committee of Adjustment

    Following approval from Council make the recommended names for appointments public.

    Approve the following appointments to the Burlington Seniors’ Advisory Committee for a term to expire on December 31, 2022:

    • Bob Chepyha
    • Kerry McGregor
    • Peter Buckley
    • Margaret Doma
    • Sara Elkabany
    • Ron Minaker
    • Deepak Sharma

    Approve the following appointments to the Burlington Inclusivity Advisory Committee for a term to expire on December 31, 2022:

    • Ashley Wall
    • Rajan Chopra
    • Rajan Sharma

    Approve the following appointments to the Burlington Sustainable Development Committee for a term to expire on December 31, 2022:

    • Dave Bourns
    • Dave Rokosh
    • Sarah Merriam

    Approve the following appointments to the Burlington Accessibility Advisory Committee for a term to expire on December 31, 2022:

    • Ken Harris
    • Don Prescott
    • Patricia Debly
    • Doug Benton
    • Cindy Bond

    Approve the following appointments to the Burlington Committee of Adjustment for a term to expire on December 31, 2022:

    • Robert Martin
    • Filippo Capuano (Alternate)
    • Hany Aly (Alternate)
    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Kearns
    Seconded by:Councillor Nisan

    Burlington City Council moved into closed session at 1:11 p.m. in accordance with the following provision under the Municipal Act:

    Pursuant to section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

    IN FAVOUR: (6)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Bentivegna
    OPPOSED: (1)Councillor Stolte
    CARRIED (6 to 1)
  • Moved by:Councillor Sharman
    Seconded by:Councillor Stolte

    Burlington City Council moved into public session at 1:46 p.m. 

    CARRIED
  • Moved by:Councillor Kearns
    Seconded by:Councillor Galbraith

    Instruct the Executive Director of Legal Services and Corporation Counsel or their designate to proceed in accordance with the instructions sought in confidential legal department report L-14-22.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Galbraith
    Seconded by:Councillor Bentivegna

    Whereas the Safe Restart Agreement funding was vital in enabling municipalities, including the City of Burlington, to respond to the COVID-19 pandemic, maintain critical services, meet our responsibility to balance our budgets while maintaining the health and safety for members of the public and staff; and

    Whereas when the Province of Ontario entered Modified Step 2 of the Roadmap to Reopen in January 2022, the restrictions forced the closure of municipal indoor recreational facilities and amenities, which resulted in the cancellation of programs and facility rentals until January 26, 2022; and

    Whereas the City of Burlington is forecasting significant revenue losses for 2022 (in excess of $5.8 million), prior to the most recent closures in January 2022 particularly for services such as transit, recreation facilities and programs and parking operations; and

    Whereas the City of Burlington is also forecasting continuing COVID-19 related expenditures to maintain service delivery and comply with the regulations; and

    Whereas the full effect of the pandemic will continue to be felt in municipalities in 2022, well beyond the funding provided under the existing Safe Restart Agreement;

    Therefore be it resolved that Burlington City Council calls on the Governments of Canada and Ontario to provide additional Safe Restart Agreement funding support for municipalities in 2022; and

    That a copy of this resolution be sent to the Right Honourable Justin Trudeau, Prime Minister; the Honourable Doug Ford, Premier; the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance; the Honourable Peter Bethlenfalvy, Provincial Minister of Finance; Burlington MPs, MPPs, FCM, AMO, OBCM, Halton Region and the Towns of Halton Hills, Milton and Oakville.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Nisan
    Seconded by:Councillor Kearns

    Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below:

    Note: Item 20.4 was removed from the agenda, therefore items 20.1 through 20.11, have had their by-law numbers adjusted to reflect this change from the original agenda. 

     

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)

Note: This by-law was removed from the agenda as item 14.1 was referred to the Community Planning, Regulation and Mobility Committee of March 1, 2022. 

  • Moved by:Councillor Galbraith
    Seconded by:Councillor Stolte

    Enact and pass By-law Number 22-2022, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, February 15, 2022, being read a first, second and third time.

    IN FAVOUR: (7)Councillor Sharman, Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Moved by:Councillor Sharman
    Seconded by:Councillor Galbraith

    Adjourn this Council now to meet again at the call of the Mayor.

    3:25 p.m.

    CARRIED